Title IX

What is Title IX?

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance." (Title IX of the Education Amendments of 1972)

Gender Discrimination and Harassment

Title IX of the Education Amendment and University Policy prohibit discrimination in services or benefits offered by the University based upon gender.

Sexual harassment is a form of gender discrimination and therefore prohibited under Title IX. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

The following are examples of types of conduct that may constitute sexual harassment:

Inappropriate touching, patting or pinching

Physical assault or coerced sexual activity

Demands or subtle pressure for sexual favors

Obscene phone calls, texts, emails, or gestures

Any person (student, faculty, staff or guest) who believes that discriminatory practices have been engaged in based upon gender may discuss these concerns and file informal or formal complaints of possible violations of Title IX with the Title IX Coordinator. Complainant/Victim Acknowledgement Form (pdf)

It is the policy of this university to provide equal employment and educational opportunity on the basis of merit without discrimination because of age, race, ethnicity, color, sex, religion, national origin, sexual orientation, veterans’ status, disability, gender identity, or gender expression.

Affirmative Consent

Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. (from Alfred State Student Code of Conduct)

Alcohol Amnesty

Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases:
The health and safety of every student at the State University of New York and its State-operated and community colleges is of utmost importance. Alfred State recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time a sexual violence incident occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Alfred State strongly encourages students to report incidents of sexual violence to campus officials. A bystander reporting in good faith or a victim/survivor reporting sexual violence to Alfred State officials or law enforcement will not be subject to campus conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the sexual violence. (from Alfred State Student Code of Conduct)

Confidential vs. Private

As campus professionals, both student employees and employees of the college (full-time or part-time) are considered “responsible employees.” This means that there is a legal obligation for them to report when they hear about a sexual assault/harassment and other related crimes. These reports can be made on line through the Complainant/Victim Acknowledgement Form and/or by contacting the Title IX Coordinator, Nikkie Herman via email at hermannr@alfredstate.edu or via phone at 607-587-4076. Failure to report can result in the college being put on notice with the Office of Civil Rights. If you are unsure about reporting, have questions or would like to request a training contact the Title IX Coordinator.

Get Involved

If you are looking to become more involved with Title IX/Sexual Assault Awareness and prevention with programs like the It’s On Us Campaign, Take Back the Night and more please email us at inclusion@alfredstate.edu.

Sexual Harassment

Sexual harassment is a form of gender discrimination and therefore prohibited under Title IX. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Sexual harassment is generally categorized in three ways: quid pro quo, hostile environment and retaliation related to a report or directed at a reporting party. Quid pro quo when translated means “this for that.” Examples contain one party (usually someone in authority) who offer to do something/give something in exchange for a sexual favor.

Hostile environment sexual harassment includes behavior that makes one feel uncomfortable in their work, academic or living environment. The following are examples of types of conduct that may constitute hostile environment sexual harassment are:

Inappropriate touching, patting or pinching

Physical assault or coerced sexual activity

Inappropriate images on display in public places like office cubicles, labs and residence hall public lounges

Obscene phone calls, texts, emails, or gestures

Retaliation is an adverse action taken against an individual as a result of report filed regarding unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Some examples could include: removing a student/employee from an important project because they filed a report, negative comments made on social media directed at the reporting party, harassing phone calls/electronic communication, etc. If you believe you may be experiencing retaliation due to a report that was filed please contact your Title IX coordinator immediately for more assistance at hermannr@alfredstate.edu.

Any person (student, faculty, staff or guest) who believes that discriminatory practices have been engaged in based upon gender may discuss these concerns and file informal or formal complaints of possible violations of Title IX with the Title IX Coordinator. Complainant/Victim Acknowledgement Form (pdf).

It is the policy of this university to provide equal employment and educational opportunity on the basis of merit without discrimination because of age, race, ethnicity, color, sex, religion, national origin, sexual orientation, gender identity, gender expression, veterans’ status, or disability.